“The judge said the application was premature because the trial hasn’t begun and the judge referred to the Federal Court case of Adam Adli, Fariz Musa, Mandeep Singh, Maria Chin,” she added.

In the Federal Court’s decision last October 10 that was referred to by the judge today, it had decided that seven individuals should go back to the High Court to face trial over a peaceful rally first before they can go on with their constitutionality challenge on a Peaceful Assembly Act provision.

According to Melissa, Syarul Ema Rena had sought to challenge the constitutionality of the Communications and Multimedia Act’s Section 233(1)(a) and 233(3), which are respectively the offence she is charged for and the provision on the punishment for the offence.

Section 233(1)(a) touches on the offence of improper use of network facilities, and among other things specifically says it will be an offence for anyone who knowingly makes any comment through network facilities or applications services which is “obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person”.

Under Section 233(3), those convicted will face a maximum RM50,000 fine or maximum one-year jail term or both, with a further fine of RM1,000 for every day where the convicted person continues committing the offence.

Sessions Court judge Muhamad Faizal Ismail fixed trial to begin from February 13, but Melissa confirmed that her client will be filing an appeal at the High Court on today’s decision.

Last February 18, Syarul Ema Rena was reportedly charged with insulting the prime minister in a 2015 comment that was posted using the Facebook account of Ratu Naga.

The alleged October 6, 2015 Facebook comment was related to the Trans-Pacific Partnership Agreement (TPPA), which Malaysia’s Parliament had last January given the nod for and which Malaysia had committed to ratify by 2018.

HAKAM on social media

“Jom Tanya Saya”

In August 2016, HAKAM initiated the first “Jom Tanya Saya” or “Ask Me” series of live broadcast conversations with 4 prominent Malaysians – Ambiga Sreenevasan, Steven Thiru, Marina Mahathir and Azmi Sharom – via Facebook Live. This series is one of HAKAM’s ongoing pursuits to engage the Malaysian public on current issues via online dialogues. Learn more.

Dealing with police?

#NetMerdeka

#TakNakDiktator

‘I am not MO1’ t-shirts

Tell the world you are not MO1, wear HAKAM’s #MO1GO! t-shirt! Get a T-shirt for a minimum donation of RM20-00. How?

MAPO 1MOCC Hotline

Report any suspicions of trafficking in persons and/or smuggling of migrants through the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Council (MAPO) special hotline at 03-80008000 from 7.30am to 9.00pm every day.